Hays v. Callvert

Citations

• 36 Wash. 138
• 78 P. 793
• 1904 Wash. LEXIS 531

Syllabus

<p>Tide Lands — Appraisement—Rights of Contractor Excavating Water-way — Lien not Dependent 'on Appraisement — Remedy by Foreclosure. Section 10 of tEe Act of March 9th, 1893, relating to the excavation of waterways and the filling in of tide lands belonging to the state, which1 provides that, upon the letting of the contract, the lands shall be appraised and never disposed of for less than the appraised value, is not mandatory in requiring such appraisement to be immediately made; and the contractor, who is given a lien on the filled in tide lands, with an option under certain conditions to purchase the same at the appraised value, is not entitled to a writ of mandamus requiring such appraisement to be made, when the lands had already been sold by the state prior to the completion of the contract; since the law does not require the retention of the lands by the state, and the contractor’s lien is not dependent upon the appraisement, his remedy, after a sale of the lands, being an action of foreclosure of the liens, as provided for in the act.</p>